Police-records bill on its way to governor’s desk

It looks like we have our first WGBH News Muzzle Awards winner of 2015. Last night the Massachusetts Legislature passed Senate Bill 2334, which, as I wrote here yesterday, would block access to certain police records now open to the public.

The ostensible purpose is to protect victims of domestic violence, but as First Amendment lawyer Jeffrey Pyle tells David Scharfenberg of The Boston Globe, “Problems with the criminal justice system are rarely, if ever, solved by decreasing transparency.”

The bill had not come to a vote before Scharfenberg’s deadline, but Globe reporter Michael Levenson tweets that it’s now on its way to Gov. Deval Patrick’s desk — and that he’s likely to sign it.

By the way, Scharfenberg calls the bill “a little-noticed measure.” But the Massachusetts Newspaper Publishers Association flagged it months ago, and I brought it up on WGBH-TV’s “Beat the Press.” If this had gotten more attention early on, we might not find ourselves where we are today.

Bill would block access to some police records

The Massachusetts Legislature may vote later today on Senate Bill 2334, which would block access to certain police records now open to the public. The people’s business should be done in the open, and legislators should vote no. I’ve already emailed my representative and senator. It’s easy enough to do, and I urge you to click here.

The Massachusetts Newspaper Publishers Association explains:

Bill Advances to Block Access to Police Reports and Logs

Could Result in Protecting Perpetrators from Disclosure

A legislative conference committee yesterday issued a report (SB 2334) that will close police reports and logs now open to the public. The bill is likely to be voted on today. I urge you to contact your legislators and register your opposition to this language.

Currently, G.L. c. 41, s. 97D provides that reports of rape and sexual assault are not public. This bill would add to that list “reports of abuse perpetrated by family or household members.”

Also, the bill would amend G.L. c. 41, s. 98F, to exempt from public view two categories of information from police logs:

  • Any information concerning responses to reports of domestic violence, rape or sexual assault.
  • Any entry concerning the arrest of a person for assault, assault and battery or violation of a protective order where the victim is a family or household member, as defined in section 1 of chapter 209A.

As we have noted before, closing police logs could have the unintended consequence of shielding perpetrators from public disclosure — even when the perpetrators are public officials or others in positions of trust or authority.

One example, described in this Boston Globe article, was the 2012 arrest of Waltham’s police chief on domestic assault charges. Had this law been in effect, his arrest would have been shielded from the public.

Robert Ambrogi, Executive Director
Massachusetts Newspaper Publishers Association